The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-04-24
.CAVANAGH'S TRIAL PUT OFF
WOULD HE BE ACQUITTED IF THE
SICK JUROR DIED?

r.rvmoc rreeman Confined TO His Bed
at TayIor,s Ho,eI-Dr. EIcGiu Thinks
There May Be Hiatus of Two Weeks
In the Proceedings.
The jury In the case of James Cavanagh,
charged with the murder of Patrick
Hayden at Haydens saloon on Henderson
street. last Thanksgiving afternoon, were
to have been in court yesterday morning to
listen to Supreme Court Justice Dixon 8
charge on the law of insanity as applied
to the law Of murder. The Shite'nalreo
prisoner was led into court soon after ten
o'clock. He has one of the most benevol-
ant of faces.-a handsome one too,-aHd
he looked in bis. suit of broad cloth more
like one of the lelsurely spectators of the
trial than the old man whose crime had
placed his neck in jeopardy. Hon, Allan l..
McDermott, steut and rosy, and ex-Judge
Hoffman with John w. Herbert, his part
ner. Joined their client in the court room
and sat down with him. Mrs. Fogarty,
Caysnaghs daughter who has said she would
not sacrifice her honor to save her old
fathers neck, and who refused, on the
stand, to tell the story Of her fathers halu-
cination that Hayden had seduced
both her and her step-mother, sat
by herself, looking pale and careworn.
When Constable Mersheimer led in the jul
rors. only eleven answered to their names.
Postmaster freeman, of Harrison, the fore
man of the jury was not with them. He
was confined to his bed at Taylor's Hotel
Juror Allen said he had caught cold, and.
was in o very bad condition. Judge Dixon
said that if. between then and five o'clock,
freeman was able to appear, the Court
might be summoned. IT no word was sent
to the Court before that hour, Judge Dixon
would, he said, be on the bench again to
make SEINE disposition of the case.
Promptly at 5 p m. Judge Dixon appear
ed in the court room. he then ordered
Cavanagh brought in. Cavanagh entered
the court room with a slow, measured step.
and walking to a chair inside the railing,
fell rather than sat down. His face ap-
peared composed without the movement Of
muscle. Judge Dixon informed the jury
that he had not received any word in re-
gard to the condition of Foreman Free
man; he requested an officer to telephone
to Taylors hotel in regard to his coRdi
ton. At 5:25 an answer was received that
Freeman would likely be able to 60 On duty
tomorrow morning. The Judge then
requested the Jurors ort main over Sunday
if possible, as their doing SO would,
in the event of the recovery of the foreman,
save the State the cost of "a new trial. They
consulted and concluded that it would be
best to remain. Judge Dixon informed
them that they would be permitted to go to
church or where they chose, under the care
of constables. They cannot old converse
with any one except in the presence of the
guard. The Judge told them tAey could
not read any newspaper which had any
thing about the trial in it. The constables
are Dewitt, Short, Masker. Mersheimer aud
Copyer.
At Taylor's Hotel it was said that Mr..
Freeman was confined to his bed. Dr. Nc
Gill, who is attending him, had directed
him not to go out yesterday, even if he felt
better. DR.. EcGill was seen by SUNDAY
MORNING NEWS reporter last night. In
answer to question as to what is the
trouble with Mr.. Freeman, he said that he
was taken with chill on Friday night.
which turned into first class attack of
malaria, and at that time was quite sick.
The doctor said that there is chance that
he may get out tomorrow, and yet hs,may
rot. he said that if it turns into re 8sttent
fever he will rot get out for couple of
weeks. Mr. Freeman told the doctor that
! he has had The same kind of attacks before
and he is confident that he will be all right
tomorrow.
Among lnwyers yesterday the possibility
of foreman Freeman'a dying was discussed.
and variety of opinion was expressed. A
well-known criminal lawyer who figured in
the Guiteau trial, for the assassination
President Garfield, said to SUNDAY MORN
ING News reporter that at common law if
the jury is sworn and one dies or becomes
insane, or is otherwise incapacitated before
the trial ends, the prisoner is entitled to a
verdict of aeqaittal. The Constitution of
the United States, he sail, declared that a
man shall not tie put twice in jeopardy of
life or limb, and that in many Of the
States the jeopardy had been ruled as to
time when the jurors were sworn. IL the
statutes provided for the contingency that
YVES another matter, but if they did not
then the law was as ha stated it. Ia New
Jersey there is no statute upon the sub
ject. :.
Daring the smith Bennett trial one of
the Jurors became crazy before the verdict
and a new trial was had.